Utah Criminal Defense Attorney - Methadone Possession

Methadone is an opioid pain reliever classified as a Schedule II
controlled substance. While methadone has legitimate medical uses, it
can also be abused. Possession of methadone without a prescription is
a felony crime under Utah law.

If you are facing criminal charges for drug possession,
hiring an experienced Utah criminal defense attorney can
help give you
the best chance of success in your case. Stephen Howard has
successfully defended Utah drug cases ranging from
first-degree felony
drug distribution to simple possession cases. Contact us
today to
schedule an initial consultation.

Criminal Possession of Methadone in Utah

Methadone's uses include pain
relief
and pain management, treatment of withdrawal symptoms as part of a drug
detoxification program, as well as "methadone maintenance" for
long-term heroin addicts. Methadone is also a drug that can be abused
and can be highly addictive. While methadone as a medication can
be
lawfully prescribed by a treating physician, possession
of methadone
without a prescription in Utah is a felony
crime. In order to convict a person of unlawfully possessing methadone,
Utah law simply requires proof that that the defendant knowingly and
intentionally possessed methadone, and that the defendant did not have
a prescription.

Penalties for Methadone Possession in Utah Criminal Cases

Possession of
methadone begins at the third-degree felony level, punishable by up to
five years in prison and a fine of $5,000 plus a
90% surcharge. A criminal charge for possession of methadone can be
enhanced as high as the first-degree felony level depending on the
circumstances of the case. Enhancements for methadone possession can
include
proximity to a drug-free
zone, prior convictions, or possession with
the intent
to distribute. Enhancements can increase the level
of
the charge to the second-degree felony level (1-15 years prison) or
first-degree felony level (5 years to life).

Methadone as Substitute for Heroin

Methadone
is often intended as a therapeutic intervention, to
assist a person struggling with addiction to heroin or other opiate
drugs. Under methadone replacement therapy or opioid substitution
treatment, heroin is replaced with a medication that is supposed to be
safer and more manageable. But because of its potential for abuse,
methadone sometimes becomes merely a substitute for the addict's drug
of choice. When a person begins abusing methadone rather than using it
in a therapeutically appropriate manner, it becomes tempting to try to
obtain methadone through illegal avenues. Possession of methadone under
these circumstances can lead to serious criminal charges.

Finding a Utah Drug Defense Lawyer

If you have been charged with a drug crime in Utah, hiring an
experienced criminal attorney can be the most important step you can
take toward achieving the best result in your case. Based in Salt
Lake City, criminal defense attorney Stephen Howard offers services to
clients throughout Utah. His track record includes not
guilty verdicts and dismissals on some of the most serious charges on
the books in Utah.

Dismissed -
Client
charged with first-degree felony drug distribution and faced the
potential of life in prison. Negotiations with prosecutor resulted in
misdemeanor plea-in-abeyance agreement and ultimately a complete
dismissal of
the case.

Not Guilty - Client
charged
with second-degree felony home burglary. Defense investigation of the
case revealed witnesses, missed by police and prosecutors, who
supported client's claim of innocence. Jury found client "not guilty"
at trial.

Released - Client
absconded from felony probation for more than 10 years. At hearing on
order to show cause, prosecuting attorney argued for prison. Judge
agreed with defense and released client without any further jail.

Dismissed - Client
charged with first-degree felony child kidnapping. Full defense
analysis
of
case revealed legal flaws in prosecutor's case that convinced deputy
district attorney to dismiss the case outright without further
conditions.

Probation - Client
charged with aggravated robbery, and confessed to police before hiring
a defense attorney. Defense mitigation efforts resulted in a
negotiated resolution that removed "life" in prison as a possibility,
and secured a probation sentence from the court.

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